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Video series: Limiting liability in B2B contracts – Episode 2

Excluding and limiting liability for negligence

Overview

Welcome to the second in our series of short videos looking at commonly encountered liability issues in commercial contracts. The topics covered in this series include liability caps, the impact of the Unfair Contract Terms Act 1977 and the distinction between direct and indirect loss.

In this episode, Ben Chivers, Commercial, IP & Technology Partner discusses excluding and limiting liability for negligence, considering:

  • The traditional test for determining whether the liability provision is effective in excluding or limiting liability for negligence.
  • A possible change in approach by the courts based on recent caselaw.
  • Tips on how to approach the drafting of the clause in the context of recent developments.


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